[HISTORY: Adopted by the Town Board of the Town of Hartford
as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-12-2010 by L.L. No. 2-2010]
A.
The Town Board of the Town of Hartford (the "Town") recognizes farming
is an essential enterprise and an important industry which enhances
the economic base, natural environment and quality of life in the
Town of Hartford. The Town Board further declares that it shall be
the policy of this Town to encourage agriculture and foster understanding
by all residents of the necessary day-to-day operations involved in
farming so as to encourage cooperation with those practices.
B.
It is the general purpose and intent of this article to maintain
and preserve the rural traditions and character of the Town, to permit
the continuation of agricultural practices, to protect the existence
and operation of farms, to encourage the initiation and expansion
of farms and agribusinesses, and to promote new ways to resolve disputes
concerning agricultural practices and farm operations. In order to
maintain a viable farming economy in the Town it is necessary to limit
the circumstances under which farming may be deemed to be a nuisance
and to allow agricultural practices inherent to and necessary for
the business of farming to proceed and be undertaken free of unreasonable
and unwarranted interference or restriction.
As used in this article, the following terms shall have the
meanings indicated:
Those practices necessary for the on-farm production, preparation
and marketing of agricultural commodities. Examples of such practices
include, but are not limited to, operation of farm equipment, proper
use of agricultural chemicals and other crop protection methods, and
construction and use of farm structures and fences.
Those products as defined in § 301(2) of Article
25-AA of the Agriculture and Markets Law, including, but not limited
to:
Field crops, including corn, wheat, rye, barley, hay, potatoes
and dry beans.
Fruits, including apples, peaches, grapes, cherries and berries.
Vegetables, including tomatoes, snap beans, cabbage, carrots,
beets and onions.
Horticultural specialties, including nursery stock, ornamental
shrubs, ornamental trees and flowers.
Livestock and livestock products, including cattle, sheep, hogs,
goats, horses, poultry, llamas, ratites, such as ostriches, emus,
rheas and kiwis, farmed deer, farmed buffalo, fur-bearing animals,
milk and milk products, eggs, furs and poultry products.
Maple sap and sugar products.
Christmas trees derived from a managed Christmas tree operation,
whether dug for transplanting or cut from the stump.
Aquaculture products, including fish, fish products, water plants
and shellfish.
Short rotation woody crops raised for bioenergy.
Production and sale of woodland products, including but not
limited to logs, lumber, posts and firewood.
Any person, organization, entity, association, partnership,
limited liability company, or corporation engaged in the business
of agriculture, whether for profit or otherwise, including the cultivation
of land, the raising of crops, or the raising of livestock.
Land used in agricultural production, as defined in Subdivision
4 of § 301 of Article 25-AA of the New York State Agriculture
and Markets Law.
Shall be defined in Subdivision 11 of § 301 of
Article 25-AA of the State Agriculture and Markets Law.
A.
Farmers, as well as those employed, retained or otherwise authorized
to act on behalf of farmers, may lawfully engage in agricultural practices
within the Town of Hartford at all such times and all such locations
as are reasonably necessary to conduct the business of agriculture.
For any agricultural practice, in determining the reasonableness of
the time, place and methodology of such practice, due weight and consideration
shall be given to both traditional customs and procedures in the farming
industry as well as to advances resulting from increased knowledge
and improved technologies.
B.
Agricultural practices conducted on farmland shall not be found to
be a public or private nuisance if such agricultural practices are:
(1)
Reasonable and necessary to the particular farm or farm operation;
(2)
Conducted in a manner which is not negligent or reckless;
(3)
Conducted in conformity with generally accepted and sound agricultural
practices;
(4)
Conducted in conformity with all local, state, and federal laws and
regulations;
(5)
Conducted in a manner which does not constitute a threat to public
health and safety or cause injury to health or safety of any person;
and
(6)
Conducted in a manner which does not unreasonably obstruct the free
passage or use of navigable waters or public roadways.
C.
Nothing in this article shall be construed to prohibit an aggrieved
party from recovering from damages for bodily injury or wrongful death
due to a failure to follow sound agricultural practices, as outlined
in this section.
D.
No person, group, entity, association, partnership or corporation
will engage in any conduct or act in any manner so as to unreasonably,
intentionally, knowingly and/or deliberately interfere with, prevent
or in any way deter the practice of farming within the Town of Hartford.
Such actions may constitute an offense, punishable by law with a fine
of not less than $25 nor more than $150 for each day's violation or
continuance of violation.
E.
In addition, an action to restrain or enjoin any violation of this
article may be brought in a court of competent jurisdiction by any
person and/or the Town of Hartford aggrieved by such violation.
A.
In order to promote harmony between farmers and their neighbors,
the Town requires land holders and/or their agents and assigns to
comply with § 310 of Article 25-AA of the Agriculture and
Markets Law; therefore, when any purchase and sale contract is presented
for the sale, purchase or exchange of real property located partially
or wholly within an agricultural district the prospective grantor
shall present to the prospective grantee a disclosure notice which
states the following:
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"It is the policy of this state and this community to conserve,
protect and encourage the development and improvement of agricultural
land for the production of food and other products, and also for its
natural and ecological value. This disclosure notice is to inform
prospective residents that the property they are about to acquire
lies partially or wholly within an agricultural district and that
farming activities occur within the district. Such farming activities
may include, but not be limited to, activities that cause noise, dust
and odors. Prospective residents are also informed that the location
of property within an agricultural district may impact the ability
to access water and/or sewer services for such property under certain
circumstances. Prospective purchasers are urged to contact the New
York State Department of Agriculture and Markets to obtain additional
information or clarification regarding their rights and obligations
under Article 25-AA of the Agriculture and Markets Law."
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B.
A copy of this notice shall be included as an addendum to the purchase
and sale contract at the time an offer to purchase is made.
C.
Such disclosure notice shall be signed by the prospective grantor
and grantee prior to the sale, purchase or exchange of such real property.
E.
In addition, this notice shall be included in building permits, on
plats of subdivision submitted for approval pursuant to Town Law § 276,
and on site plan projects.
A.
Should any controversy arise regarding any inconveniences or discomfort
occasioned by agricultural operations which cannot be settled by direct
negotiation between the parties involved, either party may submit
the controversy to a dispute resolution committee as set forth below
in an attempt to resolve the matter prior to the filing of any court
action and prior to a request for a determination by the Commissioner
of Agriculture and Markets about whether the practice in question
is sound pursuant to § 308 of Article 25-AA of the State
Agriculture and Markets Law.
B.
Any controversy between the parties shall be submitted to the committee
within 30 days of the last date of occurrence of the particular activity
giving rise to the controversy or the date the party became aware
of the occurrence.
C.
The Committee shall be appointed by the Town Board and will consist
of five members. At least three of these members shall be residents
of the Town of Hartford, two of the three will be from an agricultural-related
business and the other from a nonagricultural-related background.
Selection of the two members may be at-large from within Washington
County, such as a county extension agent or other county official.
The original appointments shall have terms of two for one year, two
for two years and one for three years. Thereafter, members will be
appointed annually for a three-year term.
D.
The effectiveness of the Committee as a forum for the resolution
of disputes is dependent upon full discussion and complete presentation
of all pertinent facts concerning the dispute in order to eliminate
any misunderstandings. The parties are encouraged to cooperate in
the exchange of pertinent information concerning the controversy.
E.
The controversy shall be presented to the Committee by written request
of one of the parties within the time limits specified. Thereafter,
the Committee may investigate the facts of the controversy but must,
within 30 days, hold a meeting to consider the merits of the matter
and, within 10 days of the meeting, render a written decision to the
parties. At the time of the meeting, both parties shall have an opportunity
to present what each considers to be pertinent facts. The time limits
provided in this subsection for action by the Committee may be extended
upon the written stipulation of all parties in the dispute.
F.
Any reasonable costs associated with the functioning of the Committee
process shall be borne by the participants.
G.
The decision of the Committee shall not be binding. If one of the
parties is not satisfied with the Committee's decision, upon agreement
of both parties the matter may be submitted to the Town Board according
to the procedures set forth below.
(1)
The controversy between the parties shall be submitted to the Town
Board upon written agreement of both parties.
(2)
The Town Board shall review the controversy with a report submitted
from the proceedings of the grievance committee. Within 20 days of
the written request, the Town Board shall render a written decision
to the parties.
